1812908 (Migration)

The applicant, a former holder of a Student (Temporary) (Class TU) visa (Subclass 573 Higher Education Sector), sought judicial review of the Minister's decision to affirm the cancellation of their visa. The cancellation was based on the applicant's failure to maintain enrolment in a registered course, a substantial breach of a visa condition, following the closure of the educational institution they were attending. The applicant had also faced criminal charges, which were subsequently dropped, and raised mental health issues as contributing factors to their circumstances.

The primary legal issue before the court was whether the delegate's decision to affirm the cancellation of the applicant's visa was affected by jurisdictional error. This required the court to consider whether the delegate had properly assessed the evidence before them, including the applicant's explanations regarding their enrolment difficulties, the closure of the college, the dropped criminal charges, and their mental health. The court also had to determine if the delegate's conclusion that the applicant had committed a substantial breach of their visa conditions was open to them on the evidence.

In reaching its decision, the court examined the delegate's reasons for affirming the cancellation. The delegate had considered the applicant's submissions but ultimately found that the failure to maintain enrolment constituted a substantial breach of the visa conditions. The court affirmed that the delegate was entitled to reach this conclusion based on the information available, including the fact that the applicant was no longer enrolled in a registered course. The court found no jurisdictional error in the delegate's assessment of the evidence and the application of the relevant migration law provisions.